18 U.S.C. § 5001

Surrender to State authorities; expenses

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Whenever any person under twenty-one years of age has been arrested, charged with the commission of an offense punishable in any court of the United States or of the District of Columbia, and, after investigation by the Department of Justice, it appears that such person has committed an offense or is a delinquent under the laws of any State or of the District of Columbia which can and will assume jurisdiction over such juvenile and will take him into custody and deal with him according to the laws of such State or of the District of Columbia, and that it will be to the best interest of the United States and of the juvenile offender, the United States attorney of the district in which such person has been arrested may forego his prosecution and surrender him as herein provided, unless such surrender is precluded under section 5032 of this title.

The United States marshal of such district upon written order of the United States attorney shall convey such person to such State or the District of Columbia, or, if already therein, to any other part thereof and deliver him into the custody of the proper authority thereof.

Before any person is conveyed from one State to another or from or to the District of Columbia under this section, he shall signify his willingness to be so returned, or there shall be presented to the United States attorney a demand from the executive authority of such State or the District of Columbia, to which the prisoner is to be returned, supported by indictment or affidavit as prescribed by section 3182 of this title.

The expense incident to the transportation of any such person, as herein authorized, shall be paid from the appropriation “Salaries, Fees, and Expenses, United States Marshals.”

Notes of Decisions

Cited in 18 cases, 1958–2003 · leading case: United States v. Tommy Cuomo

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United States v. Tommy Cuomo (1976) ca5 · cites it 2× “See also 18 U.S.C. § 5001 , which provides in part that: *1288 whenever any person under twenty-one years of age has been arrested, charged with the commission of an offense punishable in any court of the United States or of the District of Columbia, and, after investigation by…”

Ahssem Rifai v. United States Parole Commission and Warden, United States Penitentiary, McNeil Island, Washington (1978) ca9 “That case involved the application of the offense severity factor to prisoners sentenced under the Youth Corrections Act, 18 U.S.C. § 5001 , et seq. (1970). Offense severity was a factor excluded under the Youth Corrections Act until its amendment in 1976 by the Parole…”

State v. Tidwell (1982) washctapp · cites it 2× “We agree that the transfer procedure described in 18 U.S.C. §§ 5001 et seq. is an expression of congressional preference for state court jurisdiction over offenses committed by juveniles.”

Ioannis Georgios Kolios v. Immigration and Naturalization Service (1976) ca1 “This is particularly appropriate in view of the fact that when the underlying facts of a case involve violations of both state and federal law, and surrender to state juvenile authorities is being contemplated under 18 U.S.C. § 5001 , “it ■ is generally the practice that the…”

State v. Marnette (1994) sd · cites it 2× “18 U.S.C. § 5001 et seq. (repealed Oct. 12, 1984).”

In Re the Welfare of J.J.T. (1997) minnctapp · cites it 2× “18 U.S.C. § 5001 (1994); cf. State v. Tidwell, 651 P.”

United States v. Laura (1980) paed “At the hearing before this judge, the defendant testified that she expected to receive a four year term of probation under the Youth Corrections Act (YCA), 18 U.S.C.A. § 5001 et seq., in exchange for her plea of guilty.”

Small v. United States (1973) dc “KERN, Associate Judge: Once again we are called upon to determine whether the trial court has complied with the sentencing provision of the Federal Youth Corrections Act, 18 U.S.C. § 5001 et seq. See Paul v. United States, D.”

United States v. Tyrone R. Toy (1973) cadc “18 U.S.C. § 5001 et seq. (1970). 2 . I would remand for a determination by the trial court whether the in-court identifications could bo sustained as resting upon independent sources, that is, upon the witnesses’ recollection of what occurred at the time of the robbery,…”

District of Columbia v. P. L. M. (1974) dc “There is a certain inconsistency between this position and her position in respect to her reliance on 18 U.S.C. § 5001 , supra. 11 .Local law of course enables a jury trial if the court in the Juvenile Branch transfers a juvenile over for criminal prosecution.”

In re Charles B. (2003) nycfamct “( 18 USC §§ 5001 , 5032; see, id.) While the decisions in the states of New Jersey and Florida are not dispositive of this case, they lend support for interpretation of the federal and state statutes.”

Outing v. Bell (1980) ca4 “HALL, Circuit Judge, dissenting: I cannot concur in the result reached by the majority which permits the Federal Prison System to modify the statutory mandate of Congress in order to ease the long overdue implementation of the Youth Corrections Act (YCA), 18 U.S.C. § 5001 et…”

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